NRS 576.030 Application
for license: Contents; additional requirements for commission merchants and
agents; appointment of Director as attorney upon whom process may be served.
[Effective until the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.]

NRS 576.030 Application
for license: Contents; additional requirements for commission merchants and
agents; appointment of Director as attorney upon whom process may be served.
[Effective on the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.]

NRS 576.032 Additional
requirements for issuance and renewal of license: Statement regarding
obligation of child support; grounds for denial of license; duty of Department.
[Effective until the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.]

NRS 576.035 Applicant
to make showing of character, responsibility and good faith.

NRS 576.040 Bonds
and other security; penalty for selling or encumbering security for bond.

NRS 576.042 Civil
action for misrepresentation or fraud; limitation of actions; service of
process.

NRS 576.045 Retention
of money or securities deposited in lieu of bond after operations cease.

NRS 576.048 Revocation
for default; publication of notice of revocation.

NRS 576.060 Investigation
of applicant; issuance of license. [Effective until the date of the repeal of
42 U.S.C. § 666, the federal law requiring each state to establish procedures
for withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]

NRS 576.060 Investigation
of applicant; issuance of license. [Effective on the date of the repeal of 42
U.S.C. § 666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and recreational
licenses for child support arrearages and for noncompliance with certain
processes relating to paternity or child support proceedings.]

NRS 576.120 Grounds
for refusing to grant or renew or for suspension or revocation of license or
registration; notice and hearing.

NRS 576.121 Mandatory
suspension of license for failure to pay child support or comply with certain
subpoenas or warrants; reinstatement of license. [Effective until the date of
the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]

NRS 576.010Definitions.As
used in this chapter, unless the context otherwise requires, the words and
terms defined in NRS 576.0115 to 576.018, inclusive, have the meanings ascribed to them
in those sections.

NRS 576.0115“Agent” defined.“Agent”
means any person who, on behalf of any commission merchant, dealer or broker,
receives, contracts for or solicits the sale, exchange or transfer of farm
products or livestock from a producer thereof, or who negotiates the
consignment or purchase of any farm product or livestock on behalf of any
commission merchant, dealer or broker.

NRS 576.0125“Broker” defined.“Broker”
means any person other than a dealer, commission merchant or cash buyer, who
negotiates the purchase or sale of any farm product and who does not handle
either the farm product involved or the proceeds of a sale.

NRS 576.013“Cash buyer” defined.“Cash
buyer” means any person other than a commission merchant, dealer or broker, who
purchases or offers to purchase any farm products or livestock for the purpose
of processing or resale and who pays for the farm products or livestock in
lawful money of the United States or by certified check at the time of purchase
or delivery thereof, or at the time the price of the farm products or livestock
may be determined, if the price or value thereof is subject to determination by
inspection, grade or pack out.

NRS 576.0135“Commission merchant” defined.“Commission
merchant” means any person other than a dealer, broker or cash buyer, who
receives on consignment or solicits from the producer thereof for the purpose
of resale, or who sells or offers for sale on commission any farm product or
livestock, or who in any way handles for the account of, or as an agent of, the
producer thereof on a commission basis any farm products or livestock.

NRS 576.0145“Dealer” defined.“Dealer”
means any person other than a commission merchant, broker or cash buyer, who
solicits, contracts for or obtains from the producer, agent or consignee
thereof title, possession or control of any farm product or livestock, or who
buys or agrees to buy any farm product or livestock from the producer thereof.

NRS 576.0155“Farm products” defined.“Farm
products” includes all agricultural, horticultural, viticultural and vegetable
products of the soil, poultry and poultry products, livestock and livestock
products and hay. The term does not include timber products or milk and milk
products.

NRS 576.016“Fixed and established place of business” defined.“Fixed and established place of business”
means any warehouse, building, storeroom or stockyard, either owned or leased,
at which the owner conducts a legitimate permanent business in good faith, and
at which stocks of farm products or livestock are kept in quantities usually
carried and reasonably adequate to meet the requirements of the business
therein conducted.

NRS 576.030Application for license: Contents; additional requirements for
commission merchants and agents; appointment of Director as attorney upon whom
process may be served. [Effective until the date of the repeal of 42 U.S.C. §
666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]

1. Every person, before acting as a
broker, dealer, commission merchant or agent, shall file an application with
the Department for a license to transact such business. Separate applications
must be filed for each class of business.

2. The application must be on a form
prescribed and furnished by the Department and must set forth:

(a) The full name of the person applying for the
license. If the applicant is a firm, exchange, association or corporation, the
full name of each member of the firm, or the names of the officers of the
exchange, association or corporation must be given in the application.

(b) If the applicant is a natural person, the
social security number of the applicant.

(c) The principal business address of the
applicant in this State and elsewhere.

(d) The name of the person authorized to accept
service of summons and legal notice of all kinds for the applicant.

(e) The names and addresses of all persons by
whom the applicant has been employed for a period of 3 years immediately
preceding the making of the application.

(f) A complete statement of the applicant’s
business activity for the 3 years immediately preceding the making of the
application which is not covered by paragraph (e).

(g) A statement of whether the applicant has ever
been arrested for any crime other than a traffic violation punishable by a fine
of $25 or less and, if so, when and where, the nature of the crime charged, the
disposition of the charge, the title and address of the police officers having
custody of the record of arrest, and the names and locations of all the courts
before which any proceedings in connection with the arrest took place.

(h) A statement of whether the applicant has ever
been a party in a civil suit and, if so, the nature of the suit, whether the
applicant was the plaintiff or the defendant, the disposition of the suit, and,
if the applicant was the defendant and lost, whether there is a judgment or any
portion thereof which remains unpaid.

(i) The county or counties in which the applicant
proposes to engage in business.

(j) The class or classes of farm products the
applicant proposes to handle.

(k) Such other information as the Department may
reasonably require.

3. In addition to the general requirements
applicable to all classes of applications as set forth in subsection 2, the
following requirements apply to the class of applications specified in this
subsection:

(a) Commission merchants. Each application must
include a complete schedule of commissions and an itemized listing of all
charges for all services. Any services rendered for which charges are made, if
not listed in the schedule on the application, must be rendered on a strictly
cost basis.

(b) Agents. Each application must be in the same
form as an application for a license as a broker, dealer or commission
merchant, and must include the name and address of the broker, dealer or
commission merchant represented or sought to be represented by the agent, and
the written endorsement or nomination of the broker, dealer or commission
merchant.

4. The application must be accompanied by
an executed instrument whereby the applicant:

(a) Appoints and constitutes the Director and the
Director’s successor or successors in office the true and lawful attorney of
the applicant upon whom all lawful process in any action or legal proceeding
against the applicant arising in this State from a transaction under the
provisions of this chapter may be served; and

(b) Agrees that any lawful process against the
applicant which may be served upon the applicant’s attorney as provided in this
subsection is of the same force and validity as if served upon the applicant
and that the authority thereof continues in force irrevocably as long as any
liability of the applicant in the State remains outstanding.

NRS 576.030Application for license:
Contents; additional requirements for commission merchants and agents;
appointment of Director as attorney upon whom process may be served. [Effective
on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each
state to establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity or
child support proceedings.]

1. Every person, before acting as a
broker, dealer, commission merchant or agent, shall file an application with
the Department for a license to transact such business. Separate applications
must be filed for each class of business.

2. The application must be on a form
prescribed and furnished by the Department and must set forth:

(a) The full name of the person applying for the
license. If the applicant is a firm, exchange, association or corporation, the
full name of each member of the firm, or the names of the officers of the
exchange, association or corporation must be given in the application.

(b) The principal business address of the
applicant in this State and elsewhere.

(c) The name of the person authorized to accept
service of summons and legal notice of all kinds for the applicant.

(d) The names and addresses of all persons by
whom the applicant has been employed for a period of 3 years immediately
preceding the making of the application.

(e) A complete statement of the applicant’s
business activity for the 3 years immediately preceding the making of the
application which is not covered by paragraph (d).

(f) A statement of whether the applicant has ever
been arrested for any crime other than a traffic violation punishable by a fine
of $25 or less and, if so, when and where, the nature of the crime charged, the
disposition of the charge, the title and address of the police officers having
custody of the record of arrest, and the names and locations of all the courts
before which any proceedings in connection with the arrest took place.

(g) A statement of whether the applicant has ever
been a party in a civil suit and, if so, the nature of the suit, whether the
applicant was the plaintiff or the defendant, the disposition of the suit, and,
if the applicant was the defendant and lost, whether there is a judgment or any
portion thereof which remains unpaid.

(h) The county or counties in which the applicant
proposes to engage in business.

(i) The class or classes of farm products the
applicant proposes to handle.

(j) Such other information as the Department may
reasonably require.

3. In addition to the general requirements
applicable to all classes of applications as set forth in subsection 2, the
following requirements apply to the class of applications specified in of this
subsection:

(a) Commission merchants. Each application must
include a complete schedule of commissions and an itemized listing of all
charges for all services. Any services rendered for which charges are made, if
not listed in the schedule on the application, must be rendered on a strictly
cost basis.

(b) Agents. Each application must be in the same
form as an application for a license as a broker, dealer or commission
merchant, and must include the name and address of the broker, dealer or
commission merchant represented or sought to be represented by the agent, and
the written endorsement or nomination of the broker, dealer or commission
merchant.

4. The application must be accompanied by
an executed instrument whereby the applicant:

(a) Appoints and constitutes the Director and the
Director’s successor or successors in office the true and lawful attorney of
the applicant upon whom all lawful process in any action or legal proceeding
against the applicant arising in this State from a transaction under the
provisions of this chapter may be served; and

(b) Agrees that any lawful process against the
applicant which may be served upon the applicant’s attorney as provided in this
subsection is of the same force and validity as if served upon the applicant
and that the authority thereof continues in force irrevocably as long as any
liability of the applicant in the State remains outstanding.

(Added to NRS by 1959, 557; A 1960, 416; 1961, 558;
1963, 389; 1965, 389; 1967, 1195; 1993, 437, 1764; 1995, 514; 1997, 2094; 1999, 3703; 2005, 479, 480, effective
on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each
state to establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings)

NRS 576.032Additional requirements for issuance and renewal of license:
Statement regarding obligation of child support; grounds for denial of license;
duty of Department. [Effective until the date of the repeal of 42 U.S.C. § 666,
the federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and recreational
licenses for child support arrearages and for noncompliance with certain
processes relating to paternity or child support proceedings.]

1. A natural person who applies for the
issuance or renewal of a license as a broker, dealer, commission merchant or
agent shall submit to the Department the statement prescribed by the Division
of Welfare and Supportive Services of the Department of Health and Human
Services pursuant to NRS 425.520. The
statement must be completed and signed by the applicant.

2. The Department shall include the
statement required pursuant to subsection 1 in:

(a) The application or any other forms that must
be submitted for the issuance or renewal of the license; or

(b) A separate form prescribed by the Department.

3. A license as a broker, dealer,
commission merchant or agent may not be issued or renewed by the Department if
the applicant is a natural person who:

(a) Fails to submit the statement required
pursuant to subsection 1; or

(b) Indicates on the statement submitted pursuant
to subsection 1 that he or she is subject to a court order for the support of a
child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order.

4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that he or she is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order, the
Department shall advise the applicant to contact the district attorney or other
public agency enforcing the order to determine the actions that the applicant
may take to satisfy the arrearage.

NRS 576.035Applicant to make showing of character, responsibility and good
faith.

1. The Department shall require the
applicant for a license as a broker, dealer, commission merchant or agent to
make a showing of character, responsibility and good faith in seeking to carry
on the business stated in the application, and may make investigations, hold
hearings and make determinations regarding those matters.

2. If the applicant is a corporation or
partnership, it shall satisfy the Department of the character, responsibility
and good faith of all persons connected with it in a responsible or managing
position, including the manager, superintendent, officer and director.

3. Failure of any person to satisfy the
Department of the person’s character, responsibility or good faith may be
considered by the Department as adverse to a showing of such qualifications and
is sufficient grounds for the denial of an application for a license or of the
renewal thereof. A previous conviction of a felony, previous bankruptcy,
voluntary or involuntary, or previous violation of this chapter may be
considered by the Department as adverse to a showing of such character,
responsibility or good faith on the part of the applicant.

4. Any person adjudged a bankrupt, or any
person against whose bondsman or bondsmen or deposit in lieu of bond a claim
has been collected by a court order, who has not made full settlement with all
producer-creditors, may not be licensed by the Department for 3 years after the
date of the adjudication or collection.

5. The Department may refuse to accept a
new application for a license by an applicant rejected pursuant to this section
for a period not exceeding 3 years after the date of rejection of the first
application.

NRS 576.040Bonds and other security; penalty for selling or encumbering
security for bond.

1. Each applicant to whom a license to act
as a dealer, broker or commission merchant is issued shall:

(a) File one of the following:

(1) A bond of a surety company authorized
to do business in this state.

(2) A bond with individual sureties owning
unencumbered real property within this state subject to execution and worth,
above all exemptions, double the amount of the bond.

(3) A personal bond secured by a first
deed of trust on real property within this state which is subject to execution
and worth, above all exemptions, double the amount of the bond. If the
applicant files the bond with the Department, the applicant shall also file a
policy of title insurance on the real property from a title insurance company
licensed in this state which states that the property is free and clear of all
encumbrances and liens other than the first deed of trust. The applicant shall
certify under oath that the property is worth at least twice the amount of the
bond and that it is unencumbered. The certificate must be approved by the
Department.

Ê The bond
must be in the form prescribed by, and to the satisfaction of, the Department,
conditioned for the payment of a judgment against the applicant and arising out
of the failure of the applicant or the applicant’s agent to conduct the
applicant’s business in accordance with the provisions of this chapter, or for
nonpayment of obligations in connection with the purchase and sale of livestock
or farm products. The bond must provide that the surety company, if any, will
notify the Department before the end of the second business day after any claim
or judgment has been made against the bond. The aggregate liability of any
surety to all claimants is limited to the amount of the bond for each licensing
period.

(b) File a copy of the bond required by the
United States pursuant to the provisions of the Packers and Stockyards Act, 7
U.S.C. § 204.

(c) Furnish other security in the amount required
by this section which is acceptable to the Department.

2. In lieu of complying with one of the
alternatives provided in subsection 1, the dealer, broker or commission
merchant may deliver to the Department the receipt of a bank, credit union or
trust company in this state showing the deposit with that bank, credit union or
trust company of cash or of securities endorsed in blank by the owner thereof
and of a market value equal at least to the required principal amount of the
bond. The cash or securities must be deposited in escrow under an agreement
conditioned as in the case of a bond. Any receipt must be accompanied by
evidence that there are no unsatisfied judgments against the dealer, broker or
commission merchant of record in the county in which he or she is doing
business or resides. An action for recovery against any such deposit may be
brought in the same manner as in the case of an action for recovery on a bond
filed under the provisions of NRS 576.042.

3. The amount of the bond, other security
or deposit must be:

(a) Based on the applicant’s annual volume of
purchases, according to a schedule adopted by the Department; and

(b) Not less than $5,000 or more than $100,000.

4. All bonds must be renewed or continued
in accordance with regulations adopted by the Department.

5. Any licensed dealer, broker or
commission merchant who knowingly sells or otherwise encumbers real property
which is the security for a bond under subsection 1, after a policy of title
insurance on that property has been issued and while the bond is in force, is
guilty of a gross misdemeanor.

NRS 576.042Civil action for misrepresentation or fraud; limitation of
actions; service of process.

1. Any:

(a) Producer of livestock or farm products or the
producer’s agent or consignee;

(b) Licensed broker, dealer or commission
merchant; or

(c) Nonprofit organization or association,
including the Nevada Fair of Mineral Industries, 4-H clubs, the Nevada Junior
Livestock Show, the Nevada State Livestock Show and the Nevada Hereford Association,

Ê who is
injured by any violation of the provisions of this chapter, or by any
misrepresentations or fraud on the part of any licensed dealer, broker or
commission merchant, may maintain a civil action against the dealer, broker or
commission merchant. If the dealer, broker or commission merchant is licensed,
he or she may also maintain an action against the surety on any bonds, or the
money or securities deposited in lieu of a bond. In such an action against an
unlicensed dealer, broker or commission merchant, the injured person is
entitled to treble damages.

2. Any person having a claim pursuant to
subsection 1 against any licensed dealer, broker or commission merchant must
begin legal action on any bond, or money or securities deposited in lieu of a
bond, for recovery of the amount claimed to be due within 1 year after the
claim has accrued.

3. Pursuant to subsection 4 of NRS 576.030, process may be served by delivering to the
Director duplicate copies of the process and paying a fee established by
regulation of the State Board of Agriculture. The service upon the Director
shall be deemed service upon the dealer, broker or commission merchant. The
Director shall forward one copy of the process by registered mail prepaid to
the defendant dealer, broker or commission merchant, specifying the day and
hour of service. The return receipt of the defendant is prima facie evidence of
the completion of service. If service of summons is made upon the Director in
accordance with the provisions of this subsection, the period within which the
defendant must appear is extended 10 days. The provisions of this subsection
are not exclusive, but if a defendant dealer, broker or commission merchant is
found within the State of Nevada, he or she must be served with process in the
State of Nevada.

NRS 576.045Retention of money or securities deposited in lieu of bond after
operations cease.If any licensed
dealer, broker or commission merchant for any reason ceases to operate as such,
the amount of money or securities deposited in lieu of a bond must be retained
by the Department for 1 year. If after the expiration of 1 year after the
cessation of such operation, no legal action has been commenced to recover
against the money or securities, they must be delivered to the owner. If a
legal action has been commenced within that time, all the money and securities
must be held by the Department subject to the order of the district court.

NRS 576.048Revocation for default; publication of notice of revocation.

1. If the Department receives notice from
a producer of livestock or farm products or the producer’s agent or consignee
of the default of a licensed dealer, broker or commission merchant, the
Department shall issue an order to the licensee to show cause why his or her
license should not be revoked. The notice must be in writing and set forth a
time and place for a hearing to be held before the Director.

2. If a license is revoked pursuant to
subsection 1, the Director shall, by publication in a newspaper of general
circulation in the area, notify all known producers of livestock or farm
products in the area in which the licensee operated that the license has been
revoked.

NRS 576.050Annual license fee.Each
applicant for a license as a broker, dealer, commission merchant or agent shall
pay to the Department an annual license fee established by regulation of the
State Board of Agriculture.

NRS 576.060Investigation of applicant; issuance of license. [Effective
until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each
state to establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]

1. Upon receipt of an application for a
license, accompanied by the license fee and a surety bond, other acceptable
security, a copy of the bond required by the United States, or a deposit
receipt, as provided in NRS 576.040, and the
statement required pursuant to NRS 576.032, the
Department shall examine the application, bond and other papers and, subject to
the provisions of NRS 576.032 and 576.120, upon the completion of its investigation, the
Department shall grant the license as applied for.

2. The Department shall complete its
investigation and issue or deny the license within 30 days after receipt of the
application, bond and other papers.

NRS 576.060Investigation of
applicant; issuance of license. [Effective on the date of the repeal of 42
U.S.C. § 666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]

1. Upon receipt of an application for a
license, accompanied by the license fee and a surety bond, other acceptable
security, a copy of the bond required by the United States, or a deposit
receipt, as provided in NRS 576.040, the Department
shall examine the same and, subject to the provisions of NRS
576.120, upon the completion of its investigation, the Department shall
grant the license as applied for.

2. The Department shall complete its
investigation and either issue or deny the license within 30 days after receipt
of the application, bond and other papers.

(Added to NRS by 1959, 558; A 1961, 559; 1963, 391;
1967, 1198; 1993,
1768; 1997,
2095; 1999,
3708, effective on the date of the repeal of 42 U.S.C. § 666, the federal
law requiring each state to establish procedures for withholding, suspending
and restricting the professional, occupational and recreational licenses for
child support arrearages and for noncompliance with certain processes relating
to paternity or child support proceedings)

NRS 576.080Form and contents of licenses.Licenses
must be in such form as the Department may prescribe, must be under the seal of
the Department and must set forth:

1. The name and address of the dealer,
broker, commission merchant or agent.

2. The period of the license.

3. Such other information as the
Department reasonably may require.

4. The amount of the bond, deposit or
other security required by NRS 576.040.

NRS 576.090Expiration of licenses.All
licenses shall expire 1 year after the issuance thereof.

(Added to NRS by 1959, 558; A 1960, 417)

NRS 576.095Licensing of other classifications without payment of fee.Any person who has applied for and obtained a
license as a dealer, broker or commission merchant as provided in this chapter
may apply for and secure a license in any other classification or
classifications without payment of further fee upon complying with the
provisions of this chapter relating to the licensing of the other
classifications involved.

NRS 576.105Additional requirements for renewal of license: Indicating
whether applicant has state business license; grounds for denial of renewal of
license.

1. In addition to any other requirements
set forth in this chapter, an applicant for the renewal of a license to act as
a broker, dealer, commission merchant or agent must indicate in the application
submitted to the Department whether the applicant has a state business license.
If the applicant has a state business license, the applicant must include in
the application the state business license number assigned by the Secretary of
State upon compliance with the provisions of chapter
76 of NRS.

2. A license to act as a broker, dealer,
commission merchant or agent may not be renewed by the Department if:

(a) The applicant fails to submit the information
required by subsection 1; or

(b) The State Controller has informed the
Department pursuant to subsection 5 of NRS
353C.1965 that the applicant owes a debt to an agency that has been
assigned to the State Controller for collection and the applicant has not:

(1) Satisfied the debt;

(2) Entered into an agreement for the
payment of the debt pursuant to NRS
353C.130; or

1. The Department on its own motion may,
or upon the verified complaint of any interested party shall, investigate,
examine or inspect any transaction involving solicitation, receipt, sale or
attempted sale of farm products by any person or persons acting or assuming to
act as a dealer, agent, commission merchant or broker, the intentional making
of false statements as to condition and quantity of any farm products received
or in storage, the intentional making of false statements as to market
conditions, the failure to make payment for farm products within the time
required by this chapter, and all other injurious transactions.

2. In furtherance of any such
investigation, examination or inspection, the Department or any authorized
representative may examine that portion of the ledgers, books, accounts,
memoranda and other documents, farm products, scales, measures and other
articles and things used in connection with the business of the person relating
to the transaction involved.

NRS 576.120Grounds for refusing to grant or renew or for suspension or
revocation of license or registration; notice and hearing.

1. The Department may refuse to grant or
renew a license or registration as provided in subsection 4 of NRS 576.140 or may suspend or revoke a license or
registration as provided in subsection 4 of NRS 576.140
if, after notice and a hearing, the Department is satisfied of the existence of
any of the following facts, the existence of which is hereby declared to be a
violation of this chapter:

(a) That the applicant or licensee has
intentionally made any false or misleading statement concerning the conditions
of the market for any farm products.

(b) That the applicant or licensee has made
fictitious sales or has been guilty of collusion to defraud the producer.

(c) That the licensee was intentionally guilty of
fraud or deception in the procurement of the license.

(d) That the applicant or licensee has in the
handling of any farm products been guilty of fraud, deceit or willful
negligence.

(e) That the licensee, without reasonable cause,
has failed or refused to execute or carry out a lawful contract with a
producer.

(f) That the licensee, without reasonable cause,
has issued checks for the payment of farm products received without sufficient
money to cover them or has stopped payment on a check given in payment for farm
products received.

(g) That the licensee, without reasonable cause,
has failed to account or make payment for farm products as required by this
chapter.

(h) That the licensee has knowingly employed an
agent without causing the agent to comply with the licensing requirements of
this chapter applicable to agents.

(i) That the licensee has failed or refused to
maintain and file records as required by this chapter.

(j) That the licensee has failed or refused to
maintain a bond or other security as required by the provisions of NRS 576.040.

2. The Department may suspend, pending
inquiry, for not longer than 30 days, and after hearing or investigation may
refuse to grant, renew or revoke any license as the case may require, if it is
satisfied that the licensee has become bankrupt or insolvent, and is thereby
unable to pay producer-creditors of the licensee, or producers with whom the
licensee has executory or executed contracts for the purchase of farm products,
or for the handling of farm products on consignment.

3. A license is suspended automatically,
without action of the Department, if the bond filed pursuant to subsection 1 of
NRS 576.040 is cancelled, and remains suspended
until the bond is renewed.

4. In the case of any hearing held under
the provisions of this section, there must be filed in the office of the
Department a memorandum stating briefly the reasons of the Department for the
denial, suspension or revocation of the license, but formal findings of fact
need not be made or filed.

NRS 576.121Mandatory suspension of license for failure to pay child support
or comply with certain subpoenas or warrants; reinstatement of license.
[Effective until the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.]

1. If the
Department receives a copy of a court order issued pursuant to NRS 425.540 that provides for the
suspension of all professional, occupational and recreational licenses,
certificates and permits issued to a person who is the holder of a license as a
broker, dealer, commission merchant or agent, the Department shall deem the
license issued to that person to be suspended at the end of the 30th day after
the date on which the court order was issued unless the Department receives a letter
issued to the holder of the license by the district attorney or other public
agency pursuant to NRS 425.550 stating
that the holder of the license has complied with the subpoena or warrant or has
satisfied the arrearage pursuant to NRS
425.560.

2. The Department shall reinstate a
license as a broker, dealer, commission merchant or agent that has been
suspended by a district court pursuant to NRS
425.540 if the Department receives a letter issued by the district attorney
or other public agency pursuant to NRS
425.550 to the person whose license was suspended stating that the person
whose license was suspended has complied with the subpoena or warrant or has
satisfied the arrearage pursuant to NRS
425.560.

1. Every commission merchant, having
received any farm products for sale as a commission merchant, shall promptly
make and keep a correct record showing in detail the following with reference
to the handling, sale or storage of the farm products:

(a) The name and address of the consignor.

(b) The date received.

(c) The condition and quantity upon arrival.

(d) Date of the sale for account of the
consignor.

(e) The price for which sold.

(f) An itemized statement of the charges to be
paid by the consignor in connection with the sale.

(g) The names and addresses of all purchasers if
the commission merchant has any financial interest in the business of the
purchasers, or if the purchasers have any financial interest in the business of
the commission merchant, directly or indirectly, as holder of the other’s
corporate stock, as copartner, as lender or borrower of money to or from the
other, or otherwise, the interest must be noted in the records following the name
of the purchaser.

(h) A lot number or other identifying mark for
each consignment, which number or mark must appear on all sales tags and other
essential records needed to show the amount for which the farm products
actually sold.

(i) Any claim or claims which have been or may be
filed by the commission merchant against any person for overcharges or for
damages resulting from the injury or deterioration of the farm products by the
act, neglect or failure of the person. The records must be open to the inspection
of the Director and the consignor of farm products for whom the claim or claims
are made.

2. Every dealer purchasing any farm
products from the producer thereof shall promptly make and keep for 1 year a
correct record showing in detail the following:

(a) The name and address of the grower.

(b) The date received.

(c) The price to be paid.

(d) An itemized statement of any charges paid by
the dealer for the account of the producer.

3. Every broker, upon negotiating the sale
of farm products, shall issue to buyer and seller a written memorandum of sale,
showing price, date of delivery, quality and other details concerned in the
transaction. A copy of the memorandum must be retained by the broker for 1
year.

NRS 576.125Accounting and remittances by commission merchants; records of
sales; payments by dealers; penalties for nonpayment.

1. If requested by his or her consignor, a
commission merchant shall, before the close of the next business day following
the sale of any farm products consigned to him or her, transmit or deliver to
the owner or consignor of the farm products a true written account of the sale,
showing the amount sold and the selling price. Remittance in full of the amount
realized from such sales, including all collections, overcharges and damages,
less the agreed commission and other charges, together with a complete account
of sales, must be made to the consignor within 10 days after receipt of the
money by the commission merchant, unless otherwise agreed in writing.

2. Each commission merchant shall retain a
copy of all records covering each transaction for 1 year after the date
thereof, which copy must at all times be available for and open to the
confidential inspection of the Director and the consignor, or an authorized
representative of the Director or consignor.

3. Each dealer shall pay for farm products
delivered to him or her at the time and in the manner specified in the contract
with the producer, but if no time is set by the contract, or at the time of the
delivery, within 30 days after the delivery or taking possession of the farm
products, except that livestock whose sale is subject to the Packers and
Stockyards Act, 7 U.S.C. §§ 181 to 231, inclusive, must be paid for within the
period required by that act and any applicable regulations adopted pursuant
thereto.

4. A person who, with the intent to
defraud, fails to make full payment for farm products purchased pursuant to
this chapter within 10 days after receiving written notice of the fact that the
payment is past due:

(a) Is guilty of a gross misdemeanor, if the
amount owed is $1,000 or less.

(b) Is guilty of a category D felony, if the
amount owed is more than $1,000, and shall be punished as provided in NRS 193.130. In addition to any other
penalty, the court shall order the person to pay restitution.

NRS 576.127Cargo manifests required to be carried on motor vehicles
operated by dealers and commission merchants; suspension or cancellation of
license for false statements on manifest.

1. Each dealer and commission merchant
operating a motor vehicle in the conduct of his or her licensed business shall
carry on the motor vehicle a manifest on a form to be prescribed or approved by
the Department showing:

(a) A description of the cargo on the motor
vehicle.

(b) The brand inspection certificate number for
any livestock being transported.

(c) Where and from whom the cargo was purchased.

(d) The weight or measure upon which the purchase
was made and, if purchased upon weight, where and by whom weighed and the
weight obtained at the weighing.

2. The manifest must be executed in
triplicate. One copy must be given to the consignor or seller. One copy must be
retained by the licensee, and the original, signed by the licensee, must be
transmitted immediately to the Department.

3. Any false statements included on a
manifest concerning the nature, quantity, weight, count, grade, quality or any
other essential feature of the cargo constitute grounds for suspension or
cancellation of the licensee’s license issued pursuant to the provisions of
this chapter.

1. The Department shall adopt regulations
pursuant to which a person may obtain certification that the person is an
actual producer of farm products other than any livestock, livestock product or
poultry. The regulations may include provisions for the certification by
reciprocity of a person who holds a similar certification from another
jurisdiction where the requirements for that certification are substantially
equal to the requirements in this state.

2. The Department may impose fees for the
certification of a person as an actual producer of farm products specified in
subsection 1 and any inspections necessary for that certification. The fees
must be set in an amount which approximates the cost to the Department of
performing those services and activities.

3. A person who obtains certification
pursuant to this section is exempt from any:

(a) Tax or other fee imposed pursuant to NRS 244.335, 266.355, subsection 7 of NRS 266.600, NRS 268.095, 269.170 or 269.175, relating to the issuance of any
license to sell or offer to sell, in its natural and unprocessed state directly
to any consumer, restaurant or grocery store, farm products specified in
subsection 1 for which the person has obtained certification pursuant to this
section.

(b) Fee imposed for:

(1) The issuance of a permit pursuant to
the provisions of chapter 446 of NRS to sell
or offer to sell, in its natural and unprocessed state directly to any consumer,
restaurant or grocery store, farm products specified in subsection 1 for which
the person has obtained certification pursuant to this section; or

(2) Any inspection conducted pursuant to
the provisions of chapter 446 of NRS relating
to such a sale or offer to sell.

1. It is unlawful for any person to
import, possess or propagate any alternative livestock unless the person first
obtains from the State Board of Agriculture a permit that authorizes the person
to do so.

2. The State Board of Agriculture shall
adopt regulations for the importation, possession and propagation of
alternative livestock. The regulations must set forth requirements for:

(a) Facilities used to confine alternative
livestock, including minimum requirements for fencing to prevent the escape of
alternative livestock.

(b) The genetic testing of alternative livestock.

(c) Keeping and maintaining records related to
the importation, transfer, possession and propagation of alternative livestock.

(d) Identifying and marking alternative
livestock.

(e) Marketing alternative livestock.

(f) The filing of any bonds which may be required
by the State Board of Agriculture.

3. In adopting the regulations required by
subsection 2, the State Board of Agriculture shall consult with the Department
of Wildlife and the Board of Wildlife Commissioners concerning the provisions
that are necessary to protect wildlife in this state and in the areas
designated as areas of special concern by the Board of Wildlife Commissioners
pursuant to NRS 501.181.

4. The State Board of Agriculture shall
establish by regulation a schedule of fees required to be paid for a permit
issued pursuant to this section. The fees established must not exceed the
approximate cost to the Board of carrying out the provisions of this section.

1. An owner of alternative livestock may
request assistance from the State Department of Agriculture, the Department of
Wildlife and local law enforcement agencies to recapture any alternative
livestock that has escaped from confinement.

2. Any alternative livestock that is
recaptured may be impounded at a suitable facility until sufficient repairs or
improvements are made to the owner’s facility to ensure that the escape of the
alternative livestock does not recur.

3. The owner of the alternative livestock
is liable for:

(a) The costs incurred by the State Department of
Agriculture, the Department of Wildlife and any local law enforcement agency to
recapture the alternative livestock;

(b) The costs of impounding the alternative
livestock; and

(c) Any damages caused by the alternative
livestock during the escape.

NRS 576.133Cease and desist orders.If
the Director believes, on the basis of a verified complaint or of an
investigation made pursuant to NRS 576.110, that
any licensee or person assuming to transact business for which a license is
required under this chapter is violating or is about to violate any provision
of this chapter, the Director may order the licensee or other person to cease
and desist from the unlawful practice. The order ceases to be effective upon
the expiration of 10 days, exclusive of Saturdays, Sundays and other
nonjudicial days, after its date of issuance unless a court has, pursuant to NRS 576.135, issued an order which continues the
restraint.

NRS 576.135Injunctions; restraining orders.If
any licensee or person assuming to transact business for which a license is
required under this chapter has engaged or is about to engage in any acts or
practices which constitute or will constitute an offense against this chapter
or the rules and regulations adopted by the Department, the district court of
any county, on application of the Director, may issue an injunction or other
appropriate order restraining the conduct. Proceedings under this section are
governed by Rule 65 of the
Nevada Rules of Civil Procedure, except that no bond or undertaking is required
in any action commenced by the Director.

NRS 576.137Exemption for cash buyer purchasing for own use.A cash purchaser, purchasing for his or her
own use, may be exempted by the Department from the requirements of this
chapter upon the purchaser’s filing of an affidavit stating such facts as may
be required by the Department.

NRS 576.140Inapplicability of chapter.Except
as otherwise provided in NRS 576.042, the
provisions of this chapter do not apply to:

1. The Nevada Fair of Mineral Industries,
4-H clubs, the Nevada Junior Livestock Show, the Nevada State Livestock Show,
the Nevada Hereford Association, or any other nonprofit organization or
association.

2. Any railroad transporting livestock
interstate or intrastate.

3. Any farmer or rancher purchasing or
receiving livestock for grazing, pasturing or feeding on his or her premises
within the State of Nevada and not for immediate resale.

4. Operators of public livestock auctions
as defined in NRS 573.010, and all
buyers of livestock at those auctions at which the public livestock auction
licensee does not control title or ownership to the livestock being sold or
purchased at those auctions, and any person buying for interstate shipments
only and subject to and operating under a bond required by the United States
pursuant to the provisions of the Packers and Stockyards Act, 7 U.S.C. § 204,
and the regulations adopted pursuant to those provisions. Each person exempted
by the provisions of this subsection shall register annually with the
Department, giving the location of his or her place of business, the number of
his or her license and bond and the expiration date thereof. Each such
registrant shall pay an annual registration fee of $40 to the Department.

5. Any farmer or rancher whose farm or
ranch is located in the State of Nevada, who buys or receives farm products or
livestock from another farmer or rancher not for immediate resale.

6. Any retail merchant having a fixed and
established place of business in this state and who conducts a retail business
exclusively.

1. Except as otherwise provided by a
specific statute, a person who acts as a dealer, broker, commission merchant or
agent without a license therefor as required by the provisions of this chapter,
or who violates any other provision of this chapter, or any of the regulations
lawfully adopted pursuant to provisions of this chapter, is guilty of a
misdemeanor. If the violation relates to the failure to make payment for farm
products, an intent to defraud must be proven before a misdemeanor or other
penalty may be imposed.

2. Any prosecution brought pursuant to
this chapter may be brought in any county of this State in which the defendant
or any one of the defendants resides, or in which the unlawful act was
committed, or in which the defendant or any one of the defendants has his or
her principal place of business.

3. In addition to any criminal penalty
imposed pursuant to, or any remedy provided by, this chapter, the Director,
after notice and a hearing in an administrative proceeding, may issue an order
against any person who has violated any provision of this chapter or any
regulation adopted pursuant to this chapter imposing a civil penalty of not
more than $5,000 for each violation. Any civil penalty collected pursuant to
this subsection must be deposited in the State General Fund.